Lorenzo Zucca
King's College London, School of law, Faculty Member
- Lorenzo Zucca is Professor in Law & Philosophy. He holds the degrees of Maitrise from Paris 2 Assas, DEA from Paris 1... moreLorenzo Zucca is Professor in Law & Philosophy. He holds the degrees of Maitrise from Paris 2 Assas, DEA from Paris 1 Sorbonne, Mjur from The University of Oxford and a PhD from EUI, Florence. Lorenzo's special interests are in jurisprudence, constitutional theory, EU constitutional law and human rights. He is the author of Constitutional Dilemmas- Conflicts of Fundamental Legal Rights in Europe and the USA (OUP, 2007) and articles on European human rights law and theory. His last book is entitled A Secular Europe: Law and Religion in the European Constitutional Landscape (OUP 2012). This is a study of one of the most pressing legal social and political problems in Europe and includes issues such as the ECHR protection of religious freedom, EU policies against Islamic terrorism, EU enlargement to Turkey and a wider debate on European identity. He’s now working on a project entitled Shakespeare’s Justice, which examines the law, politics, religion and philosophy of Shakespeare’s plays.edit
This book deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and privacy. The main argument of this book... more
This book deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and privacy. The main argument of this book is that much can be learned about the nature of fundamental legal rights by examining them through the lens of conflicts among such rights, and criticizing the views of scholars and jurists who have discussed both fundamental legal rights and the nature of conflicts among them. Theories of rights are necessarily abstract, aiming at providing the best possible answers to pressing social problems. Yet such theories must also respond to the real and changing dilemmas of the day. Taking up the problem of conflicting rights, Zucca seeks a theory of rights that can guide us to a richer, more responsive approach to rights discourse. The idea of constitutional rights is one of the most powerful tools to advance justice in the Western tradition. But as this book demonstrates, even the most ambitious theory of rights cannot satisfactorily address questions of conflicting rights. How, for instance, can we fully secure privacy when it clashes with free speech? To what extent can our societies assist people in dying without compromising the protection of life? Exploring the limitations of the rights discourse in these areas, Zucca questions the role of law in settling ethical dilemmas helping to clarify thinking about the limitations of rights discourse.
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A Debate on Samuel Moyn's "Christian Human Rights." Featuring Sam Moyn, John Finnis, Tom Pink and Lorenzo Zucca
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This is an interview of Lorenzo Zucca by Richard Marshall for 3:AM Magazine. Richard presents the interview as follows: "Lorenzo Zucca is a philosopher whose thoughts point right at the heart of some of the big issues facing Europe today.... more
This is an interview of Lorenzo Zucca by Richard Marshall for 3:AM Magazine. Richard presents the interview as follows: "Lorenzo Zucca is a philosopher whose thoughts point right at the heart of some of the big issues facing Europe today. He thinks about fundamental legal rights in the context of Europe and the US, about rules and principles, about issues around privacy, about how fundamental legal rights connect to constitutional dilemmas, about Europe as the secular exception in the world, about why 1989 is more important than 9/11 in bringing religion to the world order, about why there’s no sharp distinction between secular and religious arguments, about the distinction between aggressive and inclusive secularism, about Transcendental Monism, Spinoza, Immanent Metaphysical Monism and about striving to establish secular law. Start thinking bub…
Research Interests: Religion, European History, Sociology, European Studies, Jurisprudence, and 18 moreConstitutional Law, Economics, International Relations, Philosophy, Political Philosophy, Moral Psychology, Social Sciences, European Law, Human Rights Law, International Law, Human Rights, Political Science, Philosophy Of Law, European Union, Secularization, Moral Philosophy, Secularisms and Secularities, and Tolerance
This is a debate between Lorenzo Zucca and Alon Harel on the nature of constitutionalism. Traditionally constitutions and judicial review are considered to be instruments to protect rights or justice. In his book Why Law matters Harel... more
This is a debate between Lorenzo Zucca and Alon Harel on the nature of constitutionalism. Traditionally constitutions and judicial review are considered to be instruments to protect rights or justice. In his book Why Law matters Harel develops a non-instrumentalist account of legal institutions and procedures. It argues that various legal and political institutions that are often perceived as contingent means to the realization of valuable ends are necessary components of a just society, namely that they matter as such. Part III of Why Law Matters defends a non-instrumentalist defense of constitutionalism (robust constitutionalism). More particularly it defends two aspects of constitutionalism: binding constitutional directives and judicial review.
Zucca rejects this view and defends robust instrumentalism; he argues that constitutions and judicial review are mere means to bring about justice. Zucca raises several objections against binding constitutionalism. He argues that: Harel’s understanding of constitutional entrenchment is flawed; Harel’s argument suffers from infinite regress and Harel’s reliance on republicanism exposes his argument to forceful objections. He further argues that Harel’s theory of judicial review is ultimately an instrumentalist one and that Harel’s understanding of the role of judges is too limited.
The debate touches upon fundamental questions of constitutional theory: is the constitution a means to protect rights or democracy or is it a component of justice? Should the desirability of judicial review hinge only on the instrumental contribution of judges in protecting rights or does judicial review rest also on the very opportunity that individuals have to challenge the state?
Zucca rejects this view and defends robust instrumentalism; he argues that constitutions and judicial review are mere means to bring about justice. Zucca raises several objections against binding constitutionalism. He argues that: Harel’s understanding of constitutional entrenchment is flawed; Harel’s argument suffers from infinite regress and Harel’s reliance on republicanism exposes his argument to forceful objections. He further argues that Harel’s theory of judicial review is ultimately an instrumentalist one and that Harel’s understanding of the role of judges is too limited.
The debate touches upon fundamental questions of constitutional theory: is the constitution a means to protect rights or democracy or is it a component of justice? Should the desirability of judicial review hinge only on the instrumental contribution of judges in protecting rights or does judicial review rest also on the very opportunity that individuals have to challenge the state?
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This is the introduction to a new collection of essays in a book that I have edited which is entitled Religious Rights. This book takes a deliberate global perspective, since religious freedom is being described as the central key to... more
This is the introduction to a new collection of essays in a book that I have edited which is entitled Religious Rights. This book takes a deliberate global perspective, since religious freedom is being described as the central key to world order and peace by leading governments and international organisations.
The central question is to be set out clearly: what is the role and place of freedom of religion in the protection and promotion of world order. To shed some light over this sweeping question, I decided to present four competing models of world order in relation to their understanding of freedom of religion: US, Asia, Islam and Europe. All four models have a common root in the acceptance of the Westphalian deal that divides the world into discrete nation states, each of which being in charge of its own security that depends amongst other things on the management of religious diversity.
The nation state has had an important role to play in the protection of the Westphalian world order, and in the management of religion. It is however unclear whether the nation state can continue to have such a central role given that religion escapes national control by playing an increasing more globalized role which calls for international, and transnational, responses rather than national ones. Some nation states, such as the US, seem to be keen to export their own model of freedom of religion around the world riding roughshod over cultural differences in relation to the very understanding and centrality of religion. Engaging with freedom of religion at the global level calls for a deep rethinking of the basic categories of religion and the secular.
The central question is to be set out clearly: what is the role and place of freedom of religion in the protection and promotion of world order. To shed some light over this sweeping question, I decided to present four competing models of world order in relation to their understanding of freedom of religion: US, Asia, Islam and Europe. All four models have a common root in the acceptance of the Westphalian deal that divides the world into discrete nation states, each of which being in charge of its own security that depends amongst other things on the management of religious diversity.
The nation state has had an important role to play in the protection of the Westphalian world order, and in the management of religion. It is however unclear whether the nation state can continue to have such a central role given that religion escapes national control by playing an increasing more globalized role which calls for international, and transnational, responses rather than national ones. Some nation states, such as the US, seem to be keen to export their own model of freedom of religion around the world riding roughshod over cultural differences in relation to the very understanding and centrality of religion. Engaging with freedom of religion at the global level calls for a deep rethinking of the basic categories of religion and the secular.
Research Interests: Religion, History, Law, International Relations, Philosophy, and 15 morePolitical Philosophy, Social Sciences, Theology, Globalization, Foreign Policy Analysis, Human Rights, Transnationalism, Natural Law, Political Science, Freedom of Religion, Secularization, Naturalism, Secularisms and Secularities, Globalization and New World Order, and Freedom
A genealogical account attempts to unravel the most basic features lying beneath a concept. To begin with, I point to the theological origins of the notion of sovereignty that is deeply bound up with the idea of God, and in particular... more
A genealogical account attempts to unravel the most basic features lying beneath a concept. To begin with, I point to the theological origins of the notion of sovereignty that is deeply bound up with the idea of God, and in particular with a voluntarist image of God who is capable of intervening directly in the world. In the second stage, I present the rationalistic attempt to save the theological origins by providing a non-voluntarist account of sovereignty. Thirdly, I sketch an account of state sovereignty that attempts to do away altogether with any theological foundation of political authority.
I argue that the best account of state sovereignty is naturalistic because it can explain the emergence, rise and decline of the national state. A naturalistic account of state sovereignty shows the deep connection between descriptive and prescriptive laws: when the two match, then state sovereignty is secure; if the two have divergent paths, then state sovereignty declines. I conclude by pointing to the fact that the decline of the Westphalian system of state sovereignty is connected with the lack of ability on the part of the national state to meet the factual challenges of an economically globalised world through national laws.
A naturalistic account of state sovereignty highlights the last step in the evolution of the concept: when the transcendental explanation of state sovereignty disappears, the mist surrounding the political authority of the national state is lifted and we are capable to understand why the national state may one day be replaced by a competing framework of political authority that is more efficient in the resolution of global problems.
I argue that the best account of state sovereignty is naturalistic because it can explain the emergence, rise and decline of the national state. A naturalistic account of state sovereignty shows the deep connection between descriptive and prescriptive laws: when the two match, then state sovereignty is secure; if the two have divergent paths, then state sovereignty declines. I conclude by pointing to the fact that the decline of the Westphalian system of state sovereignty is connected with the lack of ability on the part of the national state to meet the factual challenges of an economically globalised world through national laws.
A naturalistic account of state sovereignty highlights the last step in the evolution of the concept: when the transcendental explanation of state sovereignty disappears, the mist surrounding the political authority of the national state is lifted and we are capable to understand why the national state may one day be replaced by a competing framework of political authority that is more efficient in the resolution of global problems.
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This paper deals with the conflict between Law and Religion in Europe. It analyzes various types of conflicts that arise between those two normative systems and offers a typology of those conflicts. Illustrations of those conflicts... more
This paper deals with the conflict between Law and Religion in Europe. It analyzes various types of conflicts that arise between those two normative systems and offers a typology of those conflicts. Illustrations of those conflicts include the role played by courts in adjudicating conflicts of rights to religious freedom and other rights; the role of the newly established Muslim Arbitration Tribunal; issues of conflict of laws dealing with the validity of poligamous marriages; and relation between State and Church. After presenting those conflicts, the paper proposes innovative ways to understand those problems in order to dispel those conflicts rather than adjudicating them.
The failure of the European Constitution ignited two apparently independent debates: what is the future of European states on one hand; and what is the place of Christian values in the European public sphere. In recent years, the latter... more
The failure of the European Constitution ignited two apparently independent debates: what is the future of European states on one hand; and what is the place of Christian values in the European public sphere. In recent years, the latter question became more and more burning; so much so that the future of European secular states is considered to be very much dependent on its ability to cope with the alleged threat of religion. This paper distinguishes two competing diagnoses of the same problem and suggests that the only way out for Europe is to be committed to a robust form of secularism that does not exclude religious minorities from the public sphere.
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This is a critical comment of the Crucifix in the Classroom case decided by the Grand Chamber of the European Court of Human Rights. The comment deals with three issues: the place of religious symbols in the public sphere, the meaning of... more
This is a critical comment of the Crucifix in the Classroom case decided by the Grand Chamber of the European Court of Human Rights. The comment deals with three issues: the place of religious symbols in the public sphere, the meaning of secularism today, and the notion of respect owed to parental convictions in the educational context. Each one of these pose a big problem in relation to the place of religion in the European Constitutional landscape.
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This paper is about the place of religion in Alan Brudner's Constitutional Goods. More generally, it offers some thoughts on the place of religion in constitutional theory and political philosophy today' This... more
This paper is about the place of religion in Alan Brudner's Constitutional Goods. More generally, it offers some thoughts on the place of religion in constitutional theory and political philosophy today' This theologico-political question was central for many centuries, but ...
1. Harv Mag. 1983 Jul-Aug;85(6):22-28, 54. Too good to be true. Colt GH. PMID: 11649472 [PubMed - indexed for MEDLINE]. MeSH Terms: Biomedical Research*; Federal Government; Financial Support; Fraud*; Government; ...
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LEXISNEXIS SUMMARY: ... Two basic ideas characterize modern liberal constitutional theories: on the one hand widespread reasonable disagreement among completing schemes of justice is taken to be a fair description of our philosophical... more
LEXISNEXIS SUMMARY: ... Two basic ideas characterize modern liberal constitutional theories: on the one hand widespread reasonable disagreement among completing schemes of justice is taken to be a fair description of our philosophical landscape; and on the other ...
[1] The 1998 Human Rights Act (HRA) has incorporated the European Convention of Human Rights into English law. Undoubtedly, it constitutes a very important event since it purports to create a new system of rights protection. In order to... more
[1] The 1998 Human Rights Act (HRA) has incorporated the European Convention of Human Rights into English law. Undoubtedly, it constitutes a very important event since it purports to create a new system of rights protection. In order to achieve this aim, the act also ...
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Italy has been a central actor in the October events that led the European Commis-sion to be reshaped, after Rocco Buttiglione's rejection. Italy, however, is not only central because of Buttiglione's misfortunes, but... more
Italy has been a central actor in the October events that led the European Commis-sion to be reshaped, after Rocco Buttiglione's rejection. Italy, however, is not only central because of Buttiglione's misfortunes, but also in the light of a number of important facts and protagonists. To start ...
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... The Morality of Conflict: Reasonable Disagreement and the Law by Samantha Besson.Lorenzo Zucca. Article first published online: 31 OCT 2006. ... More content like this. Find more content: like this article. Find more content written... more
... The Morality of Conflict: Reasonable Disagreement and the Law by Samantha Besson.Lorenzo Zucca. Article first published online: 31 OCT 2006. ... More content like this. Find more content: like this article. Find more content written by: Lorenzo Zucca. ...
Research Interests: Law and Modern Law
Research Interests: Law and Indexation
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... Toward a Theory of Human Rights: Religion, Law, Courts by Michael J Perry. Lorenzo Zucca. Article first published online: 23 OCT 2007. ... Register now >. Get PDF (65K). More content like this. Find more content: like this... more
... Toward a Theory of Human Rights: Religion, Law, Courts by Michael J Perry. Lorenzo Zucca. Article first published online: 23 OCT 2007. ... Register now >. Get PDF (65K). More content like this. Find more content: like this article. Find more content written by: Lorenzo Zucca. ...
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Trump's America is dismantling the global order the US helped to create. Meanwhile, China is emerging as the leading economic power. To affirm itself, China will have to rely on international institutions that facilitate trade and... more
Trump's America is dismantling the global order the US helped to create. Meanwhile, China is emerging as the leading economic power. To affirm itself, China will have to rely on international institutions that facilitate trade and exchange with the rest of the world. When it comes to extending its influence in the world, China is thinking big and its New Silk Road project shows it. But China also needs to put forward its own vision of Global Order as an alternative to the existing orthodox conception, which is quickly losing legitimacy due to America's attitude towards international institutions. The stage is set for a confrontation between two conceptions of Global Order and we cannot exclude that the one to prevail will ultimately be China's vision. This paper contrasts those two conceptions of Global Order and reflects on the possible scenarios for an uncertain future.
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Belonging is the ability to form meaningful human bonds. That is what I take to be the Jewish question in the Merchant of Venice, which is also true of the human condition afflicting all of us, and in particular those who are migrants:... more
Belonging is the ability to form meaningful human bonds. That is what I take to be the Jewish question in the Merchant of Venice, which is also true of the human condition afflicting all of us, and in particular those who are migrants: they are treated as necessary to the economy, but they don’t enjoy all the privileges of the citizens, and their status can be modified unilaterally. The Merchant of Venice suggests however that there is something that unites migrants and citizens: it is the godhead of money. In trade-based economies, human relationships are mediated by money, and money transforms all relationships into interested bonds; the tale of King Midas becomes reality: men desire money above all, and that means that every human relation becomes infected by monetary calculations. Jews and Venetians have a bond since Jews can lend money and fund the trade of the city. Trading interests define the identity of the city and of all its citizens, and non-monetary relations are transformed into monetary ones. This paper aims to show that in a world dominated by economic bonds, it is hard to form strong human connections. As a result, it is hard for everyone, not only for Shylock, to fully and genuinely belong to any place. The Jewish question is a particular name for a universal problem that affects us all: the impossibility to fully belong in any society that prioritises interested bonds over genuine bonds of love and friendship.
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Trump's America is dismantling the global order the US helped to create. Meanwhile, China is emerging as the leading economic power. To affirm itself, China will have to rely on international institutions that facilitate trade and... more
Trump's America is dismantling the global order the US helped to create. Meanwhile, China is emerging as the leading economic power. To affirm itself, China will have to rely on international institutions that facilitate trade and exchange with the rest of the world. When it comes to extending its influence in the world, China is thinking big and its Belt and Road Initiative shows it. But China also needs to put forward its own vision of Global Constitutional Order as an alternative to the existing conception of Global Order, which is quickly losing legitimacy due to America's attitude towards international institutions. The stage is set for a confrontation between two conceptions of Global Constitutional Order and we cannot exclude that the one to prevail will ultimately be China's vision of world order. This paper contrasts those two conceptions of Global Constitutional Order and reflects on the possible scenarios for an uncertain future.
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Claims of conscience are becoming more and more widespread. Those who raise them, believe they have a right to be exempted from ordinary laws. Take for example same sex marriage: the law of many Western countries permits it, but many... more
Claims of conscience are becoming more and more widespread. Those who raise them, believe they have a right to be exempted from ordinary laws. Take for example same sex marriage: the law of many Western countries permits it, but many individuals object to them, and would like to be exempted from their legal obligation of equal treatment in their official or private capacity. Exemptions from ordinary law are granted in certain occasions; but the question here is wider: Is there a right to conscientious objection? To anticipate, the short answer is no. The longer answer will be articulated in this paper.